Garaga Manideep v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11130 OF 2025 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik SurakshaSanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.8 in Crime No.1881 of 2025 of Gachibowli Police Station, Cyberabad Commissionerate.
2.
The case of the prosecution is that on 25.08.2025, the police received reliable information that four to five persons, including one woman, were assembling in Flat No.403, 4th Floor, RajeshwariNilayam Service Apartment, at premises bearing Plot No.459, Raja Rajeshwari Nagar, Kondapur, Hyderabad, on 24.08.2025 from 20:00 hours, and were having a rave party, in which they were getting drugs delivered from Bangalore for the party. Thereafter, the police immediately conducted a raid and search of the premises, and seized contraband, i.e., M.D.M.A., from the possession of accused Nos.1 to 8, and registered a case against the said accused persons.
3.
Heard SriAbhishek N, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
4.
Learned counsel for the petitioner submitted that the petitioner has been arrayed as accused No.8, and that he was neither present at the scene of the offence nor at the place of the incident on the said date. He was working as a Revenue Inspector and was on duty at Rajahmundry on that day. He has also filed the attendance register showing that he attended his duties on the date of the raid. He further submitted that the only allegation against the petitioner is that he, along with the other accused, used to consume drugs, which is a vague allegation. Except for the confession statement, there is no other evidence or offence against the petitioner. As such, he prayed to the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioners are serious in nature. Further, the investigation
was not yet completed. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminalpetition.
6.
In light of the submissions made by both learned counsel, and upon perusal of the material available on record, it appears that accused No.2, VikramDwarampudi, one other individual, and the petitioner were friends and used to consume cocaine. For the past one year, accused Nos. 1, 2, 3, and 8 have been consuming cocaine together in Rajahmundry. According to the prosecution in the remand CD, the petitioner was not present at the scene of the offence. The only allegation against the petitioner is that he consumed cocaine.
Considering this, and the fact that even in the remand CD the petitioner is shown only as a consumer, and that he was not present at the scene of the offence on the date of the incident, and further, that the attendance register shows he was on duty on that day, this Court, considering the facts and circumstances of the case, deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Gachibowli Police Station, Cyberabad District,
within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.50,000/- with two sureties, for the like sum each.
ii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of BharatiyaNagarikSurakshaSanhita, and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 08.09.2025 FM
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11130 of 2025 Date: 08.09.2025 fm